[Adopted 4-7-1924 by Ord. No. 81]
[Amended 12-8-1975 by Ord. No. 521; 10-13-1992 by Ord. No. 698; 4-14-1998 by Ord. No. 739; 5-12-1998 by Ord. No. 741; 7-13-2021 by Ord. No. 847]
A. 
From the effective date of this article, any person, persons, firm or corporation desiring to dig into, tunnel under, excavate, disturb or occupy, either through a physical presence on or above the same, to include aerial installation of utility and other services, any part of a Borough street, road, alley or lane or right-of-way shall, prior to commencing such work, obtain a permit from the Borough to perform such work.
[Amended 5-14-2024 by Ord. No. 857]
B. 
Upon submission of a completed application, on forms provided by the Borough, depicting the type and extent of proposed work, approximate length of time for completion, anticipated start and finish dates, proposed traffic control to be utilized and any other necessary information, the Borough or its assigned agent shall review said application for compliance with the regulations and specifications as set forth herein. The application shall be accompanied with the appropriate application fee as hereinafter prescribed.
C. 
The Borough or its assigned agent shall review the application and supporting material for compliance with this article. Upon finding that all requirements and specifications are met, the Borough shall issue the permit within 30 days from the date of the application. The issuance of any permit may be withheld, except in cases of immediate necessary emergency repairs, wherein the event of adverse weather conditions, the proximity of other work in the area or for any other reason it is determined that an undue condition affecting the safety of the general public or other existing utility or appurtenance would be created.
D. 
Any street opening/occupancy permit shall be valid during the time indicated on the issued permit. In the event that the actual work, for any reason, shall exceed the time limit or the ending date, as indicated on the permit, the applicant shall contact the Borough for an appropriate extension of time for the work to be completed. The Borough shall have sole discretion in determining if an extension of time is warranted. Repeated extensions of time shall not be issued unless reasonable justification is shown. Failure to complete the proposed work within the time shown on the permit or without seeking a required extension to said permit shall constitute a violation of this article.
E. 
At the time of permit issuance, the applicant shall pay to the Borough of Westmont the appropriate fee(s) as set forth herein. Any permit shall not become valid until proper payment of the fee(s) is made.
F. 
The minimum fees for the application for and issuance of any required permit shall be as set from time to time by resolution of the Borough Council and kept on file at the Borough office. If the proposed work, as shown on the application and subsequent permit, shall be exceeded, the appropriate additional fees shall be paid to the Borough within 30 days from the date of completion of the work.
G. 
The individual or entity which applied for and received the permit shall be responsible for any additional fees or penalties. In no case shall any permit grantee delay payment to the Borough by passing on fees to any subcontractor or third party who actually performed the work.
H. 
The final quantities used to determine additional fee shall be determined by measurements made by the Borough's Inspector or other assigned agent(s).
I. 
Before any such permit is issued, the applicant shall enter into a bond with sufficient surety to the Borough of Westmont conditional for the payment of the costs and expenses of putting any disturbed part of such street or public highway in the Borough in the condition as set forth herein. For openings in excess of 10 feet, the amount of such bond shall be as set forth from time to time by resolution of the Borough Council and kept on file at the Borough office.
J. 
Any required work zone traffic control shall comply with the latest Pa. Publication 203 (67 Pa. Code, Chapter 202) and any and all amendments.
[Amended 4-14-1998 by Ord. No. 739; 5-12-1998 by Ord. No. 741; 7-13-2021 by Ord. No. 847; 3-10-2026 by Ord. No. 868]
A. 
The backfilling and restoration of any excavation within any right-of-way of a Borough street, either improved or not improved, shall be as follows:
(1) 
Areas of existing pavement.
(a) 
Where the existing original pavement consists of aggregate subbase and bituminous pavement, the pavement must be restored in the following manner:
[1] 
The edges of the excavation shall be vertically saw-cut a distance of one foot outside the width of the trench.
[2] 
The trench shall be backfilled with six-inch layers of compacted 2-A aggregate, as per PADOT Specification 408, Section 703, to a depth of 7 1/2 inches below the existing surface.
[3] 
The saw-cut edge of the existing pavement shall be coated with bituminous tack coat material in accordance with PADOT Specifications, Section 460, and six inches of HMA 25 mm base course as per PADOT Specification 408, Section 305, and shall be placed to a depth 1 1/2 inches below the existing pavement surface.
[4] 
The existing surfaces shall be milled to a depth of 1 1/2 inches, an additional one foot outside the edge of the initial saw cut. All areas to receive wearing course shall have a proper coating of bituminous tack coat applied and 1 1/2 inches of 9.5 mm HMA wearing course placed in accordance with PADOT Specification 408, Section 420. The wearing course shall be placed over all 25 mm and milled areas.
(b) 
Excavations shall be restored and resurfaced with comparable design and materials as existed prior to the excavation and shall be backfilled as follows: Sand or fine material shall be mechanically tamped in six-inch layers upon each side and over the top of a substructure to a height of 12 inches. The remainder of the backfill shall be deposited in approximately nine-inch layers and thoroughly compacted by mechanical tamping. In no case shall the number of persons shoveling exceed the number of persons tamping while tamping is in progress. Material for backfilling shall be free from muck, rubbish or other unsuitable material. Material excavated which is not suitable for backfilling shall be removed and suitable material must be provided. Stones exceeding one cubic foot in volume shall not be used in the backfill and individual stones shall be separated from each other by fine material, thus ensuring complete filling of voids. In tunnels, the entire backfill shall be deposited and mechanically tamped in six-inch layers. The removal of sheathing and shoring shall be executed in such a manner as to prevent the sides of the trench from falling in, and all voids caused by the removal of timber shall be filled with fine material which shall be thoroughly compacted. Backfill shall be thoroughly flushed with water if ordered by the Borough Engineer and the use of 10 gallons of water per cubic yard of backfill may be required. If the street or highway is unpaved, the backfilling shall not exceed four inches in elevation above the undisturbed grounds at the sides bordering the excavation, and the surface of the street or highway over the excavation shall be maintained by the use of cinder or other approved material whenever settlement takes place.
(c) 
Excavations shall be repaved as follows: Where excavations are made where sidewalks or roadways are paved, the backfilling shall be completed up to the elevation of the original subgrade under such paving, then the paving shall be removed, down to the subgrade, for a distance of one foot beyond the outer limits of the excavation in the sidewalk, and the pavement shall then be constructed in accordance with the correct standard specifications for the construction of new pavements of the type removed. However, where the original pavement of the roadway consists of brick, cobble or stone-block laid without a concrete base, the repaving shall be constructed with 1) a concrete base, six inches thick, composed of one part Portland cement, two parts approved fine aggregate and four parts approved coarse aggregate, each measured separately and accurately by volume and mixed in accordance with the specifications of the Borough, or 2) Superpave 25.0 mm HMA base course at a depth of six inches. Where the width of the excavation exceeds 12 inches, then the concrete base or concrete pavement shall be reinforced with approved steel wire mesh weighing not less than 65 pounds per 100 square feet and the reinforcing shall extend to within three inches of all edges of the base or pavement and shall be placed two inches below and parallel with the top of the concrete. Where the width of the excavation exceeds 24 inches, the concrete base or concrete pavement shall be reinforced with three-quarter-inch reinforcing bars placed six inches center to center with a two-inch clear on each end and a three-inch clear on the bottom.
(d) 
Where the excavation or trench along the length of a street exceeds 25 linear feet, the entire paved portion of the roadway from curb to curb shall be milled 1 1/2 inches and overlaid with 1 1/2 inches of 9.5 mm bituminous wearing course with appropriate paving notches to meet existing pavements at the ends of the restoration area for the entire length of an excavation. The Director of Public Works reserves the right to waive this requirement for public improvements carried out and/or contracted out by the Borough and/or carried out or contracted out by a municipal authority or public utility in coordination with a Borough project involving excavation and/or an excavation project authorized by the Borough.
(e) 
All roadway and shoulder restoration shall comply with the specifications attached hereto as Exhibit A and Exhibit B.[1]
[1]
Editor's Note: Exhibits A and B are included as attachments to this chapter.
(f) 
Inspections.
[1] 
Upon completion of the base pavement and prior to the placing the final wearing course, the permittee shall contact the Borough for a preliminary inspection.
[2] 
Upon approval of the base restoration, the permittee may complete the final wearing surface. After all restoration work is completed, the Borough shall be notified of such. The permittee may request a final inspection from the Borough. Any such approval by the Borough shall not release the permittee from the responsibility of replacing any failed restoration work as set forth hereafter.
(2) 
Nonpaved areas. Where excavations are performed in the grass of shoulder areas within the Borough right-of-way, the restoration shall be as follows:
(a) 
Grassed areas shall be restored throughout the extent of the disturbed areas. The backfill of any excavated trench shall be completed with suitable material and shall not consist of rubbish, mud or other unsuitable material. Excavated material may be reused if found to be suitable. Disturbed areas shall be reseeded with a mix approved by the Borough as determined from existing conditions and ground cover. Proper mulching shall be placed over seeded areas.
(b) 
Excavation in shoulder areas shall be backfilled with 2-A aggregate material as per PADOT Specification 408, Section 703, compacted in six-inch lifts. Final grade of shoulder areas shall be sloped away from the roadway surface a minimum of 1/8 inch per foot and a maximum of 1/4 inch per foot unless otherwise stipulated by the Borough.
(c) 
Sidewalk and curbing that is disturbed shall be replaced in kind or as determined by the Borough.
(d) 
Where required, any applicant shall obtain and implement applicable soil and erosion control plans from the proper state and/or federal agencies.
B. 
Daily backfilling and prohibition on temporary trench covers.
(1) 
Mandatory end-of-day backfilling. Any permittee, including, but not limited to, any individual, contractor, corporation, municipal authority or public utility opening or excavating any street, alley, sidewalk or other public right-of-way within the Borough shall fully backfill any excavation in an existing paved area at the conclusion of each work day. Backfilling shall:
(a) 
Eliminate any open ditch, trench or depression;
(b) 
Be properly compacted in accordance with PennDOT specifications or any successor standard adopted by the Borough; and
(c) 
Restore the surface to a safe and passable condition for vehicular and pedestrian traffic.
(2) 
Prohibition on steel plates and temporary covers. No permittee shall leave any excavation open and covered solely by steel plates, trench plates, bridging plates, cold patch, barricades or other temporary materials in lieu of backfilling at the end of a workday.
(3) 
Emergency exception. In the event of a bona fide emergency involving public health or safety where immediate backfilling is not reasonably possible, the permittee must:
(a) 
Notify the Borough Administrator or Public Works Director immediately and obtain authorization to temporarily secure the excavation; and
(b) 
Complete proper backfilling and restoration as soon as practicable, but in no event later no later than the next calendar day, unless otherwise approved in writing by the Borough.
(4) 
Failure to comply. Failure to comply with this section shall constitute:
(a) 
A violation of the Street Opening Permit;
(b) 
Grounds for immediate suspension of revocation of the permit; and
(c) 
Grounds for the Borough to perform the necessary backfilling or restoration work with all costs billed to the permittee and, if unpaid, collected as a municipal claim as permitted by law.
C. 
Any repaving and repair of a Borough street, road, alley, lane or right-of-way required herein shall be to the satisfaction of the Borough or its assigned agent.
D. 
Any permittee shall be responsible for complying with and obtaining any and all other permits required in order to perform the proposed work.
E. 
If, at the discretion of the Borough, it is determined that the proposed work will cause interruptions of an unreasonable length of time to the natural flow of commerce in the area, the Borough may require the applicant to work continually, around the clock, in order to complete the work as quickly as possible.
The bond given as above indicated by any person, firm or corporation for the replacing of any of the above-mentioned work shall remain in force for two years after such work has been completed and conditioned that said work shall hold up for said length of time.
This article shall be held to apply to all persons, firms and corporations who, at any time prior to the passage thereof, may have disturbed or torn up any of the improved highways in said Borough of Westmont and have not made the proper replacements which in the judgment of the Borough Engineer should be made. After proper notice of the Borough authorities to any such persons, firms or corporations to make the proper replacements and upon the neglect or refusal of said persons, firms or corporations to make said proper replacements, then the same shall be made by the Borough and the entire cost thereof, plus 20% collection charges, will be assessed against the properties for which said tearing up was done and the same collected by municipal lien or like proceedings as provided in the several Acts of Assembly governing the same.
[Amended 12-8-1975 by Ord. No. 521; 10-13-1992 by Ord. No. 698; 4-14-1998 by Ord. No. 739; 5-12-1998 by Ord. No. 741; 7-13-2021 by Ord. No. 847]
This article shall be enforced by actions brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person who violates or permits the violation of this article shall, upon conviction in a summary proceeding, be punishable by a fine of not more than $2,500, with the costs of suit to be reckoned in a mode as forfeitures and penalties are reckonable by law for violation of the Borough ordinances. Each day or portion thereof that such violation continues, or is permitted to continue, shall constitute a separate offense. Each section of this article that is violated shall also constitute a separate offense.